In Brazil, there are no constraints on surrogacy. However, there is a wide array of laws established by the Federal Council of Medicine, which are aimed at regulating this act.

The law in Brazil prohibits the commercialization of tissues and organs. Therefore, commercial surrogacy is a criminal offense in this country. Surrogacy is only legal in this country when it’s done altruistically.

Several requirements must be met for surrogacy to take place, according to the Federal Council of Medicine Resolution 2.121/2015. They include:

  • The surrogate mother must accept to do the process altruistically, and should not receive any form of compensation

  • The surrogate mother should be a family member of the first, second, third, or fourth grade of the intended parents. Simply put, the surrogate mother must be the mother, sister, daughter, aunt, or cousin of either parent

  • Both the surrogate mother and the intended mother should not be more than 50 years

  • The intended mother must prove that she has a medical problem that contraindicates or prevents gestation

  • Gay couples can have a child through this method

Exceptions such as having a surrogate who is not a member of the family may apply if prior permission is granted by the Regional Medical Board.

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